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A Moving Bar Approach To Assessing The Admissibility Of Expert Causation Testimony, Aaron Katz
A Moving Bar Approach To Assessing The Admissibility Of Expert Causation Testimony, Aaron Katz
Cleveland State Law Review
This Article argues that the Supreme Court's decisions in Daubert and Joiner imply an approach to the reliability, and hence admissibility, of causation experts that conflicts with the way in which courts traditionally had determined whether to allow the jury to speculate on uncertain causation-in-fact questions. Largely moving past the debate of whether Daubert and Joiner set the admissibility bar too high or low, the Article instead criticizes the decisions on the ground that they suggest that the height of the reliability bar is static and should not be adjusted depending upon the circumstances of the defendant's possibly injurious conduct. …
Semantics Of Traumatic Causation, Richard M. Markus
Semantics Of Traumatic Causation, Richard M. Markus
Cleveland State Law Review
Sometime before the trial of every personal injury case, each lawyer involved must make sure that the physicians whom he will call to testify understand the legal meaning of certain medical words. Counsel have not sufficiently prepared their case from a medical viewpoint, when they have ascertained the trauma sustained and its medical consequences. The lawyer must also educate the doctor about legal technicalities which will control the significance of the doctor's testimony. Among the most important formal requirements on the physician's testimony are those which relate to the language of causation. This article will discuss the views of various …
Causation: A Medico-Legal Battlefield, Albert Averbach
Causation: A Medico-Legal Battlefield, Albert Averbach
Cleveland State Law Review
In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …